Recently, an article in a leading English national daily made a thesis that the outbreak of Covid-19 pandemic has led to our country being governed in a unitary manner, even though our constitution has laid down a federal structure of the government.
There was a cavil in the article that this unitary functioning required to be looked into and scrutinised by the Hon’ble Apex Court as being violative of our federal character.
It is relevant to point out the Central Government’s directives to all the States and Union Territories emanated under the Epidemic Diseases Act, 1897, a law which was first enacted to tackle bubonic plague in Mumbai (formerly Bombay) in former British India and Disaster Management Act, 2005.
These law are meant for controlling epidemics and national disasters by providing special powers that are required for the implementation of containment measures to prevent the spread of the disease or to manage the situation arising due to any disaster.
Article 35 of the draft Constitution of India provided that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
The Constituent Assembly took up Draft Article 35 for debate on 23rd November, 1948.
Recently, the 22nd Law Commission of India has set the ball rolling for soliciting views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code (referred to as UCC hereinafter), vide its public notice of 14th June, 2023. This conversation that the Commission has begun on the UCC will focus on family laws of all religions, such as, laws of marriage, divorce, succession, inheritance, maintenance, adoption, guardianship, et al.